Search Results for "presumptions"

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Bombay High Court Allows Appeals by Acquiring Body in Land Acquisition Compensat...
Bombay High Court Dismisses NHAI Appeals in Land Acquisition Compensation Disput...
Bombay High Court Dismisses Writ Petition Challenging Concurrent Findings in Sui...
Supreme Court Enhances Child Maintenance and Grants Interim Medical Maintenance ...
Supreme Court Upholds Refusal to Eschew Proof Affidavit in Probate Proceedings. ...

Search Results for "presumptions"

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High Court

Bombay High Court Upholds Conviction Under Section 138 NI Act, Reduces Sentence to Period Already Undergone, and Enhances Compensation to Rs. 10 Lakhs. The court held that the presumption of legally enforceable debt under Section 139 NI Act was not rebutted, and compensation was enhanced to meet the ends of justice.

8 Aug 2023

The case arises from two criminal revisions filed against the judgment of the Additional Sessions Judge, Aurangabad, in appeals arising from a convict...

High Court

Bombay High Court Dismisses Second Appeal in Suit for Possession and Mesne Profits — Concurrent Findings of Fact Not Disturbed Under Section 100 CPC. The court held that the plaintiff's title as sole heir was established and the defendant failed to prove adverse possession.

30 Nov -0001

The second appeal arose from a suit for possession and mesne profits filed by the original plaintiff (since deceased, represented by legal heirs) agai...

High Court

Madras High Court Acquits Accused in Murder for Gain Case Due to Lack of Circumstantial Evidence. Conviction under Sections 302, 449, 380 IPC Set Aside as Prosecution Failed to Prove Chain of Circumstances.

25 Jun 2026

The appellant, Chandrasekar, was convicted by the Fast Track Mahila Court, Dindigul, for the murder of a woman and for robbery. The prosecution allege...

High Court

High Court of Karnataka Dismisses Appeal Against Temporary Injunction in Specific Performance Suit — Prima Facie Case and Balance of Convenience Found in Favor of Plaintiff. Agreement to Sell and Part Payment Established, Injunction to Prevent Alienation Upheld Under Order 39 Rules 1 and 2 CPC.

1 Aug 2025

The present appeal arises from an order dated 12.02.2025 passed by the Prl. Senior Civil Judge, Bengaluru Rural District, Bengaluru, allowing I.A. Nos...

High Court

Bombay High Court Allows Mother's Custody Appeal in Guardianship Case — Welfare of Child Paramount. Grandparents' Custody of Minor Child Set Aside as Mother's Right and Child's Welfare Require Custody with Natural Guardian.

23 Jun 2023

The case involves a custody dispute over a minor child named Kush, aged about 10-11 years. The respondent, Smt. Chaitali Chetan Pivjl, is the mother o...

High Court

Bombay High Court Allows Cash Refund of CENVAT Credit Under Section 11B(2) Proviso (c) When Credit Cannot Be Utilized Due to Exempted Final Products. The court held that clause (c) to the proviso of section 11B(2) of the Central Excise Act, 1944 permits cash refund of credit on inputs where the assessee is unable to utilize such credit, overruling the contrary view in Commissioner of Central Excise vs. Jain Vanguard Polybutylene Ltd.

14 Jun 2019

The Full Bench of the Bombay High Court was constituted to resolve a conflict regarding the interpretation of clause (c) to the proviso of section 11B...

High Court

Bombay High Court Dismisses State Appeal Against Acquittal in Corruption Case Due to Unreliable Trap Witness and Lack of Corroboration. Acquittal of Talathi and Co-accused under Section 7 and Section 13(1)(d) read with 13(2) of Prevention of Corruption Act, 1988 upheld as prosecution failed to prove demand and acceptance of bribe beyond reasonable doubt.

2 Mar 2020

The State of Maharashtra appealed against the judgment and order dated 31st January 2004 passed by the Special Judge, Kolhapur, acquitting the respond...

High Court

Bombay High Court Dismisses Petitions Challenging Income Tax Search and Seizure Action Under Section 132 of the Income Tax Act, 1961. Court Holds That Formation of Reason to Believe by the Authorizing Officer Is Based on Material on Record and Not Open to Challenge Unless Malafide or No Material Exists.

10 May 2024

The petitioners, a private limited company and its directors and their relatives, challenged the search and seizure action conducted on 9th and 10th J...

Supreme Court

Supreme Court Refers to Larger Bench Whether Investigation by Complainant Police Officer Under NDPS Act Vitiate Trial — Mohan Lal Decision's Applicability Examined. The court considers the conflict between Mohan Lal v. State of Punjab (holding trial vitiated) and Varinder Kumar v. State of Himachal Pradesh (holding prospective application) and refers the matter to a five-judge bench.

31 Aug 2020

This judgment arises from a batch of special leave petitions challenging convictions under the Narcotic Drugs and Psychotropic Substances Act, 1985 (N...

Supreme Court

Supreme Court Acquits Accused in Rape Case Due to Inconsistent Evidence and Lack of Corroboration. Conviction Based Solely on Prosecutrix's Testimony Unsustainable Where Medical and FSL Reports Do Not Support Prosecution Case.

14 Feb 2020

The Supreme Court allowed the appeal of Santosh Prasad @ Santosh Kumar against the State of Bihar, setting aside his conviction under Sections 376(1) ...

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